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FREQUENTLY ASKED QUSTIONS (FAQs)

WHAT IS A CRIME?

A crime is an act or the commission of an act that has been forbidden by the government, or the omission of a duty that is commanded by law, and makes that offender liable to punishment by the enforcing authority. If it is believed that a crime has occurred then it will be the government’s responsibility to prosecute that crime. It is not left solely up to the discretion of the perceived “victim”, since the government believes it’s responsibility is to protect the public, and not just the victim. A crime is punishable by imprisonment, fine, restitution, or other penalty.

HOW ARE CRIMES CLASSIFIED OR RANKED?

Crimes are divided into two main categories: Either a  “felony” or “ misdemeanor.” The distinction between them is based on the crime's seriousness and on the length of punishment.

Felonies are crimes generally punishable by more than one year's imprisonment. You have the right to a jury trial when charged with a felony crime. 

Misdemeanors are crimes usually punishable by less than one year's imprisonment. You have the right to a jury trial when charged with a misdemeanor if the crime is considered serious enough to warrant a jury trial (typically when jail is possible).

The State of Florida classifies crimes by felony / misdemeanor and then degree. There are five degrees of felony crimes: capital, life, first, second, and, third degree. Capital felonies, punishable by death, include the most serious crimes like murder and sexual battery on a child less than twelve years of age. Life felonies are punishable by a maximum of life imprisonment and include burglary with a battery, certain trafficking offenses, and second degree murder. A first degree felony is punishable by a maximum of thirty years in prison, a second degree felony-- fifteen, and a third degree felony--five years. Misdemeanors are either first or second degree. A first degree misdemeanor, like simple battery for example, is punishable by a maximum of one year in the county jail. A second degree misdemeanor is punishable by sixty days maximum.

WHEN SHOULD I HIRE A CRIMINAL DEFENSE ATTORNEY?

Ideally, it is best to hire an attorney as soon as you are aware that you, or a loved one, are under investigation, or facing criminal charges.  In many instances , law enforcement will try and speak to an individual before an arrest is made.  They may tell that person that they are not a suspect, or they want to clear them as a suspect, when in reality they are a suspect.  All of us have seen this many times on television when they label someone “a person of interest” rather than a suspect.  The truth is that if law enforcement already had enough evidence to arrest that person, they would.  Nothing good can typically come from giving a statement.  In some cases where people know they are innocent because they have an air tight alibi (being somewhere else at the time of the crime) and have given a statement, we have seen the time adjusted so as to keep them a suspect.  Again, if you have been invited to speak with any law enforcement officer regarding a pending crime or investigation, contact your Treasure Coast Criminal Defense Group attorney immediately.

If you or a loved one have been arrested it is even more important to hire a criminal defense attorney from the Treasure Coast Criminal Defense Group immediately.  Our experienced criminal defense lawyers will be able to quickly obtain vital information necessary in  determining the best strategy, obtain or lower the bond, and begin to explore how best to torpedo the state’s case and have the charges dropped.  The sooner a seasoned and experienced criminal defense attorney is hired the greater the chances are for a better result.  The criminal defense attorneys who make up the Treasure Coast Criminal Defense Group have a more global approach to practicing criminal defense.  Rather than just look at the nature of the present allegations, our idea of “damage control” is to do everything possible to avoid additional potential charges as well.  Again, we are committed to defending and protecting you or your loved one, as thoroughly as possible.

A PRIVATE CRIMINAL DEFENSE ATTORNEY OR PUBLIC DEFENDER?

Some of the best private criminal defense lawyers in Martin County, St. Lucie County, Okeechobee County, and Indian River County, Florida, are former assistant public defenders.  Public Defenders are criminal defense attorneys who are usually passionate  about defending the rights of those charged with crimes by the government.     There are some very capable attorneys still with the Public Defender’s Office, but there are some new, less experienced ones there, as well.  But, a word of caution.  Not every private criminal defense attorney is necessarily better than an assistant public defender or has practiced as much criminal defense law.  Hiring an inexpensive criminal defense attorney is not necessarily better, just because they are in private practice, so be careful. 

In many instances, the accused will not be able to speak with anyone from the Public Defender’s Office until well after an arrest.  As a result of the economy and because of staffing difficulties, many assistant public defenders are overworked and under payed.  Try as best as they may, it is not often possible to achieve the level of personal service and attention one should receive with a private criminal defense attorney.

WHAT IS THE NINETEENTH JUDICIAL CIRCUIT?

The Nineteenth Judicial Circuit is comprised of Martin County, Okeechobee County, St. Lucie County, and Indian River County.  These counties are often referred to as “The Treasure Coast.”  Within each county are County Courts and Circuit Courts. County Court judges hear the misdemeanor cases and traffic cases, while the Circuit Court judges preside over the felony cases.  Appeals taken from our circuit are heard and decided by the Fourth District Court of Appeals ( 4TH DCA), in West Palm Beach, Florida.

WHAT CRIMES DO THE ATTORNEYS OF THE TREASURE COAST CRIMINAL DEFENSE GROUP HANDLE?

  • DUI / BUI
  • DUI (Driving Under The Influence) Manslaughter
  • DUI (Driving Under The Influence) with Property Damage
  • DUI (Driving Under The Influence) with Serious Bodily Injury
  • DUI (Driving Under The Influence) / BUI (Boating Under The Influence)
  • Drug Offenses
  • Possession of Contraband
  • Trafficking of Drugs
  • Prescription Fraud / Doctor Shopping
  • Possession of Drug Paraphernalia
  • Disorderly Intoxication
  • Disorderly Conduct
  • Resisting Without Violence
  • Trespass
  • Sexual Allegations
  • Sexual Battery
  • Lewd and Lascivious Conduct
  • Statutory Rape
  • Prostitution / Solicitation
  • Violation of Sex Offender Probation
  • Failure to Register As A Sex Offender
  • Computer Crimes
  • Computer Solicitation
  • Computer Pornography / Child Pornography
  • Internet Pornography
  • Indecent Exposure / Exposure of Sexual Organs
  • Traffic Violations
  • Fleeing and Eluding
  • Leaving the Scene of An Accident
  • Reckless Driving
  • Driving With a Suspended License ( DWLS)
  • Attaching Unassigned Tag
  • Theft / Fraud
  • Petit Theft / Grand Theft
  • Dealing in Stolen Property
  • Embezzlement
  • Shoplifting / Retail Theft
  • Scheming to Defraud
  • Misappropriation of Funds
  • Uttering a Forged Instrument / Forgery
  • Worthless Checks
  • Juvenile Crimes
  • Probation Violations
  • Burglary / Robbery
  • Burglary of a Structure / Conveyance
  • Possession of Burglary Tools
  • Armed Robbery / Robbery
  • Trespass / Trespass After Warning
  • Violent Crimes
  • Homicide / Murder
  • Aggravated Battery / With Deadly Weapon
  • Aggravated Assault / With Deadly Weapon / Firearm
  • Battery on a Law Enforcement Officer
  • Resisting Arrest With Violence
  • Sexual Battery
  • All Weapons Charges / Carrying Concealed Weapon
  • Tampering / Witness / Evidence
  • Domestic Violence
  • Stalking / Aggravated Stalking
  • Violation of an Injunction / Restraining Order

CALL US TODAY TO SCHEDULE YOUR FREE CONSULTATION!

The Treasure Coast Criminal Defense Group has the perfect criminal defense attorney to help you in Stuart, Palm City, Hobe Sound, Jensen Beach, Jupiter, Sewell’s Point, Port St. Lucie, St. Lucie West, Fort Pierce, Hutchinson Island, Indrio, Vero Beach, Fellsmere, Melbourne, Sebastian, Orchid, John’s Island, and Okeechobee.  We are Availalble 24hours a day, 7 days a week.

 









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The information on this Florida Criminal Defense Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.